Matthew DeVries | Best Practices Construction Law In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the homeowners. The court’s response? Proximity isn’t prejudice. The dispute started… Continue reading Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
Category: Construction Law
Will Your Next Arbitration Hearing be Hybrid? Plan Now For Success
Roo Patel | Opus2 Hybrid hearings, where some participants attend in person and others join remotely, have moved from being a contingency to an established feature of modern arbitration practice. Given recent technology advances and the realities of global participation, they offer a flexible alternative to fully in-person proceedings. A hybrid approach can deliver meaningful… Continue reading Will Your Next Arbitration Hearing be Hybrid? Plan Now For Success
Contracting With Potential Litigation in Mind
Andrea Carone | Ahead of Schedule At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits… Continue reading Contracting With Potential Litigation in Mind
No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
Keith E. Smith | Wood Smith Henning & Berman In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant’s motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school… Continue reading No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
Contracting with Potential Litigation in Mind
Andrea Carone | Stoel Rives At the starry-eyed beginning of any construction project, future litigation is the last thing on anyone’s mind. But parties need not let optimism get in the way of including forward-thinking contractual terms. With some foresight, parties can achieve real savings and efficiencies in future litigation, and especially through limits on… Continue reading Contracting with Potential Litigation in Mind